Proposed bill would boost police power to nab drivers high on drugs: Harper

While the event bore the hallmarks of an election stump speech - apple-cheeked children, Canadian flags, a boisterous crowd and a tough-on-crime measure opposition members would have trouble opposing - Harper bristled at the suggestion he was in pre-election mode.

"We promised to deal toughly with crime when we were running for office," he said when asked if the many justice bills currently before the House of Commons were being used as window dressing for his minority Conservative government.

"Yes, we have a fair number of justice bills . . . what's contentious about that? This is only contentious legislation if you don't really want to pass it in the first place. That's the problem with the opposition."

As Harper was making his announcement, a university student who lost consciousness while driving after smoking crack-cocaine was pleading guilty to two charges in nearby Guelph.

Jennifer Joelson, 22, of Burlington, Ont., was fined $800 for careless driving and possession of crack-cocaine.

Court heard another motorist pulled in front of Joelson's car and used her own vehicle to stop the out-of-control car.

The Opposition Liberals dismissed the announcement as a hypocritical photo-op, noting that the Tories recently announced $4 million in cuts to the RCMP's budget for drug-impaired detection training.

"It's pretty hard for the prime minister to make a claim about toughening legislation and giving the impression of being law and order, and at the same time starving the policy financially," said Liberal MP Dan McTeague.

Harper said the RCMP program simply wasn't working.

"We want to make sure . . . the resources we spend go into programs that are effective," he said. "Our evaluation was that program was not effective. So obviously we're looking at better ways of addressing the problem."

The legislation, to be introduced when the House of Commons returns from its Remembrance Day break, will also increase penalties and "strengthen presumptions" of breath and blood tests - even though suitable tests for drug impairment, apart from blood tests, aren't available in Canada.

"There are technological challenges in terms of testing for certain kinds of drugs," Harper acknowledged.

"There are some tests available and there are ways of strengthening the legislation to make it easier to arrest and get convictions for clear cases" of driving under the influence of drugs, he said.

"There are things we can do, and will be doing."

The law, as it stands, makes it very difficult for officers to arrest someone for drug-impaired driving, said Waterloo police Sgt. Dave Reibel.

"Unless we can find some evidence, like if they were actually in possession of drugs or if they readily admit to consuming drugs . . . then (we can't) arrest them," said Reibel, who attended Harper's announcement.

Andrew Murie, chief executive of MADD Canada, said the legislation will need to deliver in three key areas to be effective.

If a driver thought to be impaired passes a roadside blood alcohol test but fails a standard sobriety test, such as walking a straight line or touching their nose, officers need the authority to bring them to the police station, Murie said.

Once there, the driver would be examined by a drug recognition expert looking for symptoms of drug impairment. Should the expert determine the person is on drugs, police would then need the power to take either a blood or saliva sample.

"We feel very confident (the proposed legislation) will include the things we need to have," Murie said after emerging from a closed-door meeting with Harper.

The proposed changes are long overdue for the parents of 16-year-old David Rider, who burned to death in 1999 a multi-vehicle crash near Ottawa caused by a driver high on marijuana.

Cannabis needs to be treated just like alcohol when it comes to impaired driving, said Rider's mother Barbara.

"If you're (drug) impaired then you get all the (legal) implications that come with it," she said. "This one moment involved 11 people: five died, one man has had his leg amputated, another man cannot use his arm . . . (and) our son burned to death. This was a terrible, terrible accident."

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